#WWRLD SOCIAL CHALLENGE
TERMS AND CONDITIONS
BY PARTICIPATING IN THE #WWRLD SOCIAL CHALLENGE (THE "CHALLENGE"), I EXPRESSLY AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") IN CONNECTION WITH ANY PHOTOGRAPHS, VIDEOS, MUSICAL COMPOSITIONS, WRITINGS, AUDIO RECORDINGS AND/OR ANY OTHER MATERIALS (COLLECTIVELY THE "MATERIALS") THAT I AM SUBMITTING OR WILL SUBMIT IN CONNECTION WITH THE CHALLENGE FOR USE BY E! ENTERTAINMENT TELEVISION, LLC, ITS LICENSEES, SUCCESSORS, ASSIGNS, THIRD PARTY PRODUCTION COMPANIES AND EACH OF THEIR RESPECTIVE AFFILIATED AND RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES (COLLECTIVELY, "E!"). I ALSO AGREE TO ARBITRATION OF ANY DISPUTES.
1. In consideration for the opportunity to be featured on the Challenge Web site or elsewhere on the E! Web site at www.eonline.com, I grant E! the irrevocable, non-exclusive license to use, photograph, reproduce, transmit, telecast, exhibit and otherwise exploit my Materials, including without limitation, all images, names, likenesses, voices and sounds connected with the Materials, in any manner, in any and all media now or hereafter devised, in perpetuity, throughout the universe, including without limitation, for the purpose of developing, producing, exhibiting, distributing, promoting, advertising, marketing and otherwise exploiting "What Would Ryan Lochte Do?" or any other program or production (collectively, the "Program") or E!, as E! may determine in its sole discretion. I further grant E! the irrevocable, non-exclusive license to exhibit my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my Challenge submission (collectively "Likeness"), as edited, altered, or modified by E!, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. Without limiting the generality of the foregoing, I agree that the rights granted hereunder shall include E!'s perpetual, worldwide right to edit, telecast, rerun, record, publish, reproduce, use, license, print, distribute or otherwise exploit, in any manner and in any media or forum (now known or later developed), the Materials, in whole or in part, without any monetary compensation to me. I acknowledge, though, that E! is not obligated to feature or otherwise use the Materials in connection with the Challenge. I further agree that E! may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I am selected to be featured on the Challenge Web site. I understand that I will not be paid any money for giving E! these rights.
2. I represent and warrant that I am at least eighteen (18) years of age, a legal US resident, the Materials are my original creation, and I have the full right and authority to grant E! the permissions set forth in this Agreement without violating the rights of any third party.
3. Any public contact information on any social media account that I use to submit the Materials is accurate, and I grant to E! permission to contact me via my social media account or my public contact information.
4. E! in its discretion may elect to provide certain materials, such as photos, videos, music, sound effects or other materials (collectively, "E! Content"), for me to incorporate into my Materials. All E! Content is the sole property of E! or its licensors. I acknowledge and agree that I do not and shall not have or obtain any right, title or interest in or to any E! Content, whether in connection with the Materials or otherwise, and I agree not to use any E! Content for any other purpose except in connection with Materials submitted to E!.
4. RELEASE AND AGREEMENT NOT TO SUE. I agree that I will not assert, maintain or assist any party in asserting or maintaining against E!, any claim, action, suit or demand of any kind or nature whatsoever, related to any activities I have undertaken in connection with the creation of the Materials, my participation in or in connection with the Challenge, Program and the submissions process, and any use of my Likeness or the Materials (including, without limit, in the exploitation of the Program), including but not limited to, those grounded upon copyright or trademark infringement, invasion of privacy, defamation, false light, rights of publicity, other civil rights, personal injury or any other reason in connection with the use of the Materials (including, without limit, in the exploitation of the Program) and to the maximum extent permitted by law, I expressly release E! from any and all liability, claims, injuries, losses or damages in connection with any of the foregoing.
5. I acknowledge that I am submitting my Materials for an opportunity to be featured on the Challenge Web site and not in connection with a contest, sweepstakes or other promotion. I understand that there is no prize to be earned by participating in the Challenge. I understand and agree that E!'s decision whether or not to feature my Materials is final and binding on me in all respects, and shall not be subject to challenge or appeal.
6. I acknowledge, understand and agree that if any dispute, controversy or claim arising out of or relating to this Agreement, the breach of any term hereof, or any effort by any party to enforce, interpret and/or construe, rescind, terminate or annul this Agreement, or any provision thereof, including without limitation the applicability of this arbitration provision, and any and all disputes or controversies relating in any manner to my appearance on or participation in the Program (collectively "Matter(s)"), cannot be settled through direct discussions, the parties agree to endeavor first to settle the controversy or claim by mediation conducted in the County of Los Angeles and administered by JAMS under its Commercial Mediation Rules. If any Matter is not otherwise resolved through direct discussions or mediation, it shall be resolved by binding arbitration conducted in the County of Los Angeles, and administered by JAMS in accordance with the commercial arbitration rules of JAMS (the "JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an arbitrator licensed to practice law in California and experienced in entertainment disputes. The arbitration proceedings, testimony, discovery and documents filed and/or produced in the course of the arbitration, including the fact that arbitration is being conducted, will be maintained as confidential by the parties and will not be disclosed to any third party to the arbitration, except the arbitrator, the JAMS and its staff, the parties' attorneys and their staff, and any experts retained by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any and all other respects, the Federal Arbitration Action (9 U.S.C. § 1, et seq.) or its successor statute shall apply and govern the enforcement of this arbitration clause. In any such arbitration and/or court proceeding I agree that the prevailing party shall, in addition to any other award, also be entitled to all costs as well as reasonable attorney's fees.
In agreeing to arbitration, I acknowledge that I have waived the right to a jury trial. My remedies for any breach of this Agreement by E! will be limited to damages and in no event will I be entitled, and I hereby waive any right, to rescind this Agreement or to seek or obtain (including, without limitation, through any arbitration proceeding) injunctive or any other equitable relief. I hereby acknowledge and agree that my sole remedy for claimed injuries arising out of this Agreement shall be to seek monetary damages, if any, and that such remedy is adequate and sufficient.
7. This Agreement represents the entire agreement between me and E! with regard to the subject matter hereof and supersedes all previous agreements, both oral and written.